BILL NUMBER: AB 2089	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 19, 2016
	AMENDED IN SENATE  AUGUST 15, 2016
	AMENDED IN SENATE  JUNE 9, 2016
	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Quirk

                        FEBRUARY 17, 2016

   An act to amend Section 3019.5 of the Elections Code, relating to
elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2089, as amended, Quirk. Vote by mail ballots: voter
notification.
   Existing law requires a county elections official to establish a
free access system that allows a vote by mail voter to learn if his
or her vote by mail ballot was counted, and, if not, the reason why
the ballot was not counted. Existing law requires the elections
official to make the free access system available to a vote by mail
voter upon completion of the official canvass and for 30 days after
completion of the official canvas.
   If a voter casts a vote by mail ballot, this bill would
additionally require a county elections official, within 30 days
after completion of the official canvass, to notify the voter if the
ballot was not counted, including the reason it was not counted. By
imposing an additional duty on local elections officials, the bill
would create a state-mandated local program. 
   This bill would incorporate additional changes to Section 3019.5
of the Elections Code, proposed by AB 2911, that would become
operative only if this bill and AB 2911 are both chaptered and this
bill is chaptered last. 
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3019.5 of the Elections Code is amended to
read:
   3019.5.  (a) A county elections official shall establish a free
access system that allows a vote by mail voter to learn if his or her
vote by mail ballot was counted and, if not, the reason why the
ballot was not counted. For each election, the elections official
shall make the free access system available to a vote by mail voter
upon completion of the official canvass and for 30 days after
completion of the official canvas.
   (b) For purposes of establishing the free access system for vote
by mail ballots required by subdivision (a), a county elections
official may use the free access system for provisional ballots
established by the county pursuant to Section 302 of the federal Help
America Vote Act of 2002 (52 U.S.C. Sec. 21082).
   (c) If a county elections official elects not to mail a sample
ballot to a voter pursuant to Section 13305, the elections official
shall use any savings achieved to offset the costs associated with
establishing the free access system for vote by mail ballots required
by subdivision (a).
   (d) In addition to establishing a free access system pursuant to
subdivision (a), if a voter casts a vote by mail ballot, the county
elections official shall, within 30 days after completion of the
official canvass, notify the voter if his or her ballot was not
counted. The notification shall include the reason the ballot was not
counted.
   SEC. 1.5.    Section 3019.5 of the  
Elections Code   is amended to read: 
   3019.5.  (a) A county elections official shall establish a free
access system that allows a vote by mail voter to learn if his or her
vote by mail ballot was counted and, if not, the reason why the
ballot was not counted. For each election, the elections official
shall make the free access system available to a vote by mail voter
upon completion of the official canvass and for 30 days after
completion of the official canvas.
   (b) For purposes of establishing the free access system for vote
by mail ballots required by subdivision (a), a county elections
official may use the free access system for provisional ballots
established by the county pursuant to Section 302 of the federal Help
America Vote Act of 2002 (52 U.S.C. Sec. 21082).
   (c) If a county elections official elects not to mail a 
sample ballot   county voter information guide  to
a voter pursuant to Section 13305, the elections official shall use
any savings achieved to offset the costs associated with establishing
the free access system for vote by mail ballots required by
subdivision (a). 
   (d) In addition to establishing a free access system pursuant to
subdivision (a), if a voter casts a vote by mail ballot, the county
elections official shall, within 30 days after completion of the
official canvass, notify the voter if his or her ballot was not
counted. The notification shall include the reason the ballot was not
counted. 
   SEC. 2.    Section 1.5 of this bill incorporates
amendments to Section 3019.5 of the Elections Code proposed by both
this bill and AB 2911. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2017,
(2) each bill amends Section 3019.5 of the Elections Code, and (3)
this bill is enacted after AB 2911, in which case Section 1 of this
bill shall not become operative. 
   SEC. 2.   SEC. 3.   If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.